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AF | BCMR | CY2013 | BC 2013 04732
Original file (BC 2013 04732.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04732
		COUNSEL: NONE
		HEARING DESIRED: NO 


APPLICANT REQUESTS THAT:

1.  His AF Form 707, Officer Performance Report (OPR) (Lt thru 
Col) rendered for the period 3 Aug 10 thru 2 Aug 11 be amended to 
reflect “meets standards.” 
2.  His 2 Sep 11, Fitness Assessment (FA) be accepted for this 
reporting period.


APPLICANT CONTENDS THAT:

He did not have a current FA test for the OPR closing out 2 Aug 
11.  However, there were several mitigating circumstances which 
prohibited him from being current.  Specifically, he was told by 
his counsel at the time not to address the political conditions 
that surrounded the fight between the local MPF and his unit at 
the time. This was due to his counsel wishing to keep to facts and 
leave the surrounding politics out of any documentation. This was 
the primary cause as to why his Sep 2011 PT Test (97/100 points 
scored) was not considered by the MPF at the 103 AOG unit 
commander's discretion.  Personal hardship, while a large part of 
the circumstances surrounding why this happened, was the secondary 
cause for the occurrence of the referral OPR.
He believes he has been caught in a “guard-ism” regarding his 
location, personal situation, civilian job and unit politics.  
In support of his request, the applicant provides copies of his AF 
Forms 707, memorandums, email communique, FA score sheet and 
various other documents associated with his appeal.   
The applicant's complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 3 Aug 08, the applicant was appointed a captain in the 
Connecticut ANG (CTANG).  On 13 Apr 12, he was discharged from 
CTANG having served 3 years, 8 months and 11 days of total 
service.  
On 14 Apr 12, the applicant was transferred to the Georgia ANG 
where is he currently serving.


AIR FORCE EVALUATION:

NGB/A1PP recommends denial.  A1PP states there is no evidence to 
support the applicant’s claim.  AFI 36-2406, Officer and Enlisted 
Evaluation Systems states “Does Not Meet Standards is defined as 
having less than a passing FA score or noncurrent as defined in 
accordance with AFI 36-2905, Fitness Program.  A score of less 
than passing or an expired FA test without a valid exemption 
requires an evaluation to be referred.  Evaluators must comment in 
section IV (OPR) on a ratee who does not meet standards.”
The complete A1PP evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant 
on 10 Jan 14, for review and comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit D).


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing 
law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, the applicant has not provided any 
evidence that would persuade us that his 2 Sep 11 FA should be 
used as a basis to amend his OPR to reflect “meets standards.”  
Therefore, we agree with the opinion and recommendation of the Air 
Force office of primary responsibility and adopt the rationale 
expressed as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  In the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application.


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that the 
application will only be reconsidered upon the submission of newly 
discovered relevant evidence not considered with this application.


The following members of the Board considered AFBCMR Docket Number 
BC-2013-04732 in Executive Session on 7 Aug 14, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Forms 149, dated 3 Aug 13, w/atchs.
	Exhibit B.  Applicant's Available Personnel Records.
	Exhibit C.  Letter, NGB/A1PP, dated 13 Dec 13.
Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.

						

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